http://www.legislation.gov.uk/id/ukpga/1989/42/schedule/9

http://www.legislation.gov.uk/ukpga/1989/42/schedule/9/paragraph/49/1991-02-01

Local Government and Housing Act 1989

An Act to make provision with respect to the members, officers and otherstaff and the procedure of local authorities; to amend Part III of the LocalGovernment Act 1974 and Part II of the Local Government (Scotland) Act 1975 and to provide for a national code of local government conduct; to makefurther provision about the finances and expenditure of local authorities(including provision with respect to housing subsidies) and about companiesin which local authorities have interests; to make provision for and inconnection with renewal areas, grants towards the cost of improvement andrepair of housing accommodation and the carrying out of works of maintenance,repair and improvement; to amend the Housing Act 1985 and Part III of theLocal Government Finance Act 1982; to make amendments of and consequentialupon Parts I, II and IV of the Housing Act 1988; to amend the Local GovernmentFinance Act 1988 and the Abolition of Domestic Rates Etc. (Scotland) Act 1987and certain enactments relating, as respects Scotland, to rating andvaluation, and to provide for the making of grants; to make provision withrespect to the imposition of charges by local authorities; to make furtherprovision about certain existing grants and about financial assistance to andplanning by local authorities in respect of emergencies; to amend sections 102and 211 of the Local Government (Scotland) Act 1973; to amend the Local LandCharges Act 1975; to enable local authorities in Wales to be known solely byWelsh language names; to provide for the transfer of new town housing stock;to amend certain of the provisions of the Housing (Scotland) Act 1987 relatingto a secure tenant’s right to purchase his house; to amend section 47 of theRace Relations Act 1976; to confer certain powers on the Housing Corporation,Housing for Wales and Scottish Homes; to make provision about security oftenure for certain tenants under long tenancies; to provide for the making ofgrants and giving of guarantees in respect of certain activities carried onin relation to the construction industry; to provide for the repeal of certainenactments relating to improvement notices, town development and educationsupport grants; to make, as respects Scotland, further provision in relationto the phasing of progression to registered rent for houses let by housingassociations or Scottish Homes and in relation to the circumstances in whichrent increases under assured tenancies may be secured; and for connectedpurposes.

1989-11-16

text

text/xml

Statute Law Database

2024-06-14

1991-02-01

Local Government and Housing Act 1989

s. 65(2)(b)(ii)

Public Audit (Wales) Act 2004

Sch. 2

para. 11

s. 73

art. 2

Sch. 1

Local Government and Housing Act 1989

s. 76A

76B

Wales Act 2014

s. 24(2)

s. 29(5)(b)

Local Government and Housing Act 1989

s. 87(1A)

Wales Act 2014

s. 24(5)

s. 29(5)(b)

Local Government and Housing Act 1989

Sch. 10 para. 5(4)(a)(b) and words

Leasehold and Freehold Reform Act 2024

Sch. 9

para. 8(a)

s. 124(3)

Local Government and Housing Act 1989

Sch. 10

para. 5(4A)

Leasehold and Freehold Reform Act 2024

Sch. 9

para. 8(b)

s. 124(3)

SCHEDULES

SCHEDULE 9 Amendments of Parts VI, IX, XI, XVII and XVIII of the Housing Act 1985

Part III Amendments of Part XI

49

1

In section 352 (power to require execution of works to render premises fit for number of occupants), in subsection (1) at the beginning there shall be inserted “ Subject to section 365 ” and for the words from “the condition of a house” onwards there shall be substituted—

in the opinion of the authority, a house in multiple occupation fails to meet one or more of the requirements in paragraphs (a) to (e) of subsection (1A) and, having regard to the number of individuals or households or both for the time being accommodated on the premises, by reason of that failure the premises are not reasonably suitable for occupation by those individuals or households.
1A
The requirements in respect of a house in multiple occupation referred to in subsection (1) are the following, that is to say,—
a
there are satisfactory facilities for the storage, preparation and cooking of food including an adequate number of sinks with a satisfactory supply of hot and cold water;
b
it has an adequate number of suitably located water-closets for the exclusive use of the occupants;
c
it has, for the exclusive use of the occupants, an adequate number of suitably located fixed baths or showers and wash-hand basins each of which is provided with a satisfactory supply of hot and cold water;
d
subject to section 365, there are adequate means of escape from fire; and
e
there are adequate other fire precautions.

2

In subsection (2) of that section, at the beginning there shall be inserted “ Subject to subsection (2A) ”, for the word “premises”, in both places where it occurs, there shall be substituted “ house ” and at the end of that subsection there shall be added— “ but the notice shall not specify any works to any premises outside the house ”

3

After that subsection there shall be inserted the following subsection—

2A
Where the authority have exercised or propose to exercise their powers under section 368 to secure that part of the house is not used for human habitation, they may specify in the notice such work only as in their opinion is required to meet such of the requirements in subsection (1A) as may be applicable if that part is not so used.

4

In subsection (3) of that section for paragraph (b) there shall be substituted—

e
on the person managing the house;

5

After subsection (5) of that section there shall be inserted the following subsections—

5A
A notice served under this section is a local land charge.
5B
Each local housing authority shall—
a
maintain a register of notices served by the authority under subsection (1) after the coming into force of this subsection;
b
ensure the register is open to inspection by the public free of charge at all reasonable hours; and
c
on request, and on payment of any such reasonable fee as the authority may require, supply copies of entries in the register to any person.

6

Subsection (6) of that section shall cease to have effect.